JAPAN Trends and Developments Contributed by: Masanobu Hara and Masashi Kobayashi, TMI Associates
How to ensure product safety regarding internet transactions In recent years, how to ensure product safety in internet transactions has become a hot topic. Examples of safety accidents include fires that often occur in connection with foreign electrical products (eg, mobile batteries). Enhanced prod - uct safety measures include the requirement set in 2022 that internet mall operators should confirm the labelling of products subject to the Product Safety-Related Laws. The METI has requested that the operators of malls, etc, inform exhibitors that they may not sell products subject to Product Safety-Related Laws without labelling them with the product safety mark (the “PS mark” ) or the name of the business operator concerned. The METI has also requested that operators of malls request exhibitors to submit images of certain products subject to the Product Safety-Related Laws so that the mall operators can confirm that the products bear the PS mark, etc. The METI also continuously checks whether the PS mark and the name of the notifying business operator are properly labelled on products covered by the Product Safety-Related Laws for internet transactions, and the METI is working with mall operators regarding labelling as well. Furthermore, in June 2023, based on the Com - muniqué on Product Safety Pledges published by the OECD (Organisation for Economic Co- operation and Development), the Japanese Product Safety Pledge (the “Pledge” ) was for - mulated by related ministries and agencies for consumer products, in collaboration with the operators of online marketplaces. The Pledge includes a total of 12 pledges. For example, the following are stipulated:
Introduction Over 29 years have passed since Act No 85 of 1994 (the “Product Liability Act” ; PLA) was enacted in Japan on 1 July 1995. The PLA in Japan consists of six articles that do not make many stipulations, and there appears to be no indication that the PLA will be amended in the near future. However, depending on the type of product, it is also appropriate to refer to the Consumer Prod - ucts Safety Act, the Electrical Appliance and Material Safety Act and other product safety- related laws in addition to the PLA (hereinafter, collectively referred to as the “Product Safety- Related Laws” ) with respect to product liability, product safety and recalls. In addition, restric - tions on recalls differ according to the type of product. In the case of consumer products, it is appro - priate to conduct product recalls based on the instructions in the Consumer Products Recall Handbook 2022 issued by the Ministry of Econ - omy, Trade and Industry (METI). The following are five recent trends and hot top - ics related to product liability and product safety. Measures to ensure the effectiveness of recalls are considered and proposed In April 2023, the Consumer Products Recall Handbook 2022, was revised. Efforts to ensure the effectiveness of recalls (in particular, in the case of notifications on the website, to bring in measures providing a higher ranking of search results) and proposals for the utilisation of recall insurance to secure funds for recall costs, etc, were added.
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